SABRA BEGUM Vs. MOHD RAFI

JUDGEMENT

(1.) This revision petition has been filed by the legal heirs of the deceased tenant Sh. Kifayat Ali against the order dated 07.12.2000 passed by the learned Additional Rent Controller( the Controller in short) allowing the eviction petition filed under Section 14(1)(e) of the Delhi Rent Control Act,1958( the Rent Act ) by the respondentlandlord against the deceased tenant in respect of premises no. 627, Ward no.VII, Gali Masjid Fakhrulla Beg, Farash Khana , Delhi(hereinafter referred to as the tenanted premises ).

(2.) The respondent-landlord had filed the eviction petition on the ground that tenanted premises were required by him for residential purposes for himself and his family comprising of his wife, one married son and his wife and six children, five unmarried sons and three unmarried daughters. They were all residing in respondentlandlord s brother s house no. 618, Gali Masjid Fakhrulla Beg, Farash Khana, Delhi.

(3.) The relevant facts which emerge out of the pleadings of the parties during the trial as well as in the present petition, evidence adduced by the parties during the trial, the impugned order of the Controller are that respondent landlord s parents had died leaving behind some properties in old Delhi and those properties were partitioned amongst the respondent-landlord and his brothers and sisters. The property which fell to the share of the respondent-landlord was in Gali Masjid Fakhrulla Beg, Farash Khana, Delhi which was having two floors out of which ground floor portion and one room of the first floor was having municipal no. 617 and the remaining portion on the first floor was given the number 626. The property no.618 also in Gali Masjid Fakhrulla Beg, Farash Khana, Delhi where the respondent-landlord alongwith his family was living at the time of filing of the eviction petition in the year 1992 had fallen to the share of his brother Mohd. Ahmad with whose permission they have been living there in one room accommodation. In some part of the house no. 617-626 falling to the share of the respondent-landlord there were tenants out of whom one Mohd. Yaqoob had handed over the possession of one room with him after eviction order had been passed against him and against another tenant of one room Batool Begum also eviction order had been passed but possession had not been given by her and execution proceedings were pending. In one room in the portion bearing no. 626 his widowed sister Shahzadi Begum was staying, though in the partition she had got property no.628. Property no.627, of which a portion was let out to the deceased tenant was, however, purchased by the respondent-landlord from its erstwhile owner Abdul Rehman through a proper sale deed copy of which was produced and proved by him during the trial as Ex. AW-1/1.